but we are seeing some areas of fog. you may have seen it in lawrence's weather camera. so yeah, it's affecting visibility on the roads, along the coast and marin county. we'll break it all down for you coming up. president obama won most of the swing states last night for a convention victory in the electoral vote count. the winner has been named in all states except florida which is still too close to call at this point. mr. obama has a 50 to 48% lead over republican mitt romney in the popular vote. both candidates spoke last night. romney appeared in boston. he said the election is over but his principles endure. president obama appeared in chicago to claim victory. he calls for reconciliation and a divisive election. he told supporters the best is yet to come. and cbs reporter bigad shaban joins us from chicago where the president, of course, is celebrating at the end of a campaign that lasted nearly two

years and cost some $2 billion. bigad. >> reporter: good morning. here's where the president took the stage at half past midnight in his hometown of chicago. he was greeted by a crowd of cheering supporters but one of the first few things he said during his half hour or so speech is that he wanted to congratulate governor romney and paul ryan on what he described as a hard-fought campaign. in fact, later he said, we may battle fiercely but it's because we love this country deeply. reporter: the president's family joined him on stage to celebrate four more years in the white house. cheers ] >> you voted for action, not politics as usual. [ applause and cheers ] >> you elected us to focus on your jobs, not ours. >> reporter: the president won almost all of the battleground states giving him a decisive electoral college victory. >> whether i earned your vote or not, i have listened to you. i have learned from you. and you've made me a better president. >> reporter: governor romney congratulated the president. the republican challenger says

he gave everything he had to this campaign. >> i so wish that i had been able to fulfill your hopes to lead the country in a different direction. but the nation chose another leader so ann and i join with you to earnestly pray for him and for this great nation. >> reporter: with the votes counted the two candidates who clashed on so many issues found common ground. >> at a time like this, we can't risk partisan bickering and political posturing. our leaders have to reach across the aisle to do the people's work. >> i am looking forward to reaching out and working with leaders of both parties to meet the challenges we can only solve together. >> reporter: and the president said he believes the country can come together. >> despite all the hardship we have been through, despite all the frustrations of washington, i have never been more hopeful about our future. >> reporter: president obama returns to the white house this afternoon. >> reporter: moving forked the

president promised to work across party lines to focus on a number of issues including the economy, tax reform and immigration policies, moving forward. reporting live in chicago, i'm bigad shaban. back to you. >> thank you. electoral votes in the blue states went to president obama. the red states are mitt romney's. sticking out like a sore thumb once again is florida where the vote is still too close to call. the president has a 46,000 lead in florida. the president has 303-206 edge. 270 electoral votes were needed to win. cbs 5 political analyst joe tuman is joining us now. i know you got an early wake-up call. you worked until midnight? >> yup. >> crazy. >> we're grad to have you. >> are you surprised this kind of played out the pundits thought? >> it played out the way i thought. i don't know about everyone

else. i thought last night we would have a sense. electoral map, the popular vote map remained to be seen and even this morning we are still counting and there are provisionals and other things they will be counting in the days to come but governor romney really needed to win -- that's why we identified 7 to 9 states that were battleground states he needed to win starting with ohio and it was early on obvious last night when he was not winning some of those early states that ohio was going to be a challenge and florida continued to be a challenge and once ohio was declared early for cbs based on exit polls, the math for romney was impossible. the result for obama became inevitable. >> that's what i was surprised by last night is the results came in so early. cbs was already saying president obama just won re- election and it was early. >> two or three percent of the precincts reporting. >> we had done exit polling research during the day as voters were leaving the booths and the exit polling research is reliable until the election comes someday when it's not but right now we know it's pretty

reliable. >> the president has been re- elected. so what can americans expect from a second term? >> that's a good question. last night he was really magnanimous in his speech and talked about the future. the governor was gracious in conceding defeat. starting in january when this president starts a second term is inheriting a congress the same as the one he had for the last four years divided, consoled by and he wants so many things and the reality is he doesn't have somebody in the senate like a ted kennedy who can work with the other side to barter that legislation for him. and he has gop control of the house of representatives. he has his work cut out for him. the difference this time is he is not running for re-election. he is concerned with his legacy so perhaps he may be willing to compromise. >> we'll talk about mitt romney and what's ahead for him as well as some of the local politics coming up. joe tuman, thank you. well, california reached an

all-time high of 18.2 million registered voters in the last week. a field poll estimate says voter turnout would reach 70% yesterday nationwide voter turnout was lighter than in 2008 but polls in virginia and florida had to stay open late to accommodate long lines of voters. >> i have to tell you that i voted in a garage yesterday. >> i know you did. >> it was a first. i had never even heard of that, lawrence. >> that's what we do in california, michelle. wherever we need to vote, that's where we go. it was a great day yesterday but what changes we're seeing this morning! low clouds and fog have swept back onshore. the sea breeeze is kicking in so temperatures will be a whole lot different outside today. we have some dense fog out there, as well. so watch out for that. a little misty at the coastline. some fog made its way inside the bay as well, some dense fog showing up in some of the north bay valleys. 54 degrees now in san francisco. 57 in san jose. 51 in santa rosa. high pressure now giving way to that trough that's sitting along the coastline that's

ushered in the sea breeze and cooler temperatures for today. these numbers taking a nosedive from yesterday's highs. in fact, yesterday we had some 70s and some 80s. today, a good 5 to 15 degrees cooler outside. and by tomorrow, even cooler and maybe some rain too. we'll talk more about that in a few minutes. let's check the roads with elizabeth. >> reporter: tomorrow morning could be slick. out the door right now dry and quiet. i think people are still recovering after last night's big election. everything so far, so good up the nimitz. this is a live look in the east bay. northbound traffic 15 minutes between 238 and the maze. to the south bay now these are live drive time sensors you can see traffic moving at the limit 280 guadalupe parkway and 101 and back towards the east bay a quick look through danville southbound 680 moving fine through the san ramon valley. that's traffic. back to you guys. >> thank you. california voters approved the governor's proposal to raise taxes. the goal to avoid painful cuts at public schools. cbs 5 reporter anne makovec

joins us now with the political fight over prop 30 and this race was close. reporter: it was so close, it was not called until early this morning. but at this point, most of the results are in. we are very confident in saying that proposition 30 has passed. 54% of californians have voted to raise their own taxes even in this economy. almost 4.5 million voters said yes to prop 3. the no votes were 46% of the vote or 4 million people voting no on prop 30. now, this means the measure will raise income taxes and the statewide sales tax. people earning more than $250,000 a year will pay higher taxes for seven years and that tax increase will be retroactive to the beginning of this year. all of us will be paying more sales tax, a quarter cent for four years. that boils down to paying a penny more for every four dollars you spend. most of the money raised for the new taxes will go to school

k-12, colleges and universities. the governor had a proverbial gun to the head of education budgets saying if prop 30 didn't pass, state schools would see $6 billion in cuts. prop 30 will also transfer money to local governments to help pay for public safety programs. >> the governor got elected to help fix the problem. he put forward a balanced solution. and it not only helps education but helps higher education. >> i think that the results will speak for themselves. >> reporter: now, the main argument against prop 30 was that sacramento lawmakers shouldn't get more of our money because they have proven wasteful in the past. opponents said if it didn't pass, of the legislature and the governor would somehow find the money to fund our schools anyway. now we're not going to have to find out. we know that revenue stream is about to start flowing. in fact, this year's budget assumed that prop 30 would pass. that additional money that's about to come in will help

bahamas the state budget through 2019. >> thank you. voters rejected another ballot measure that would raise taxes for california schools. the biggest backer of prop 38 was civil rights attorney molly munger. supporters say she made public schools a priority for sacramento. she conceded last night. it is 5:10 now. an attempt to abolish california's death penalty law is being rejected by voters across the state with over 90% of the ballots tallied now prop 34 trailing by 6%. the ballot measure would have wiped out the largest death row in the country. there are the numbers there. but the apparent defeat wasn't all bad news for prop 34 supporters. cbs 5 reporter cate caugiran outside san quentin state prison with the encouraging signs some death penalty opponents are seeing because of this vote. cate, good morning. reporter: that's because now people are actually talking about this. this is the first time -- well, prop 34 is the first time in three decades that voters were given a chance to decide whether or not to keep the

death penalty. now, the measure would have replaced the death penalty with life in prison without the possibility of parole and this would convert the death sentences of california's 727 death row inmates to life. this was a measure that was overlooked early on until about october when a surge of ads kick-started the conversation. supporters outspent opponents about 6.5 million compared to 320,000. supporters pushed this measure and said that it would save californians millions of dollars. >> but i also think it's important to know that we have had a robust discussion about the death penalty in this state and that even -- that our polling has shown that more and more people favor replacing the death penalty as they understand the issue. >> reporter: those against the repeal say the death penalty should have been preserved for the state's most heinous killers and they refute the claims that it would save san quentin state prison or the state money. californians seldom use death

penalty basically we have only executed about 13 inmates since it was reinstated three decades ago but it still carries a lot of political potency. those people who want to abolish it hope that the conversation will continue. cate caugiran, cbs 5. coming up, a decisive win for president obama. what about the house and senate? >> yeah. joe tuman will join us again to look at the balance of power this congress. we'll be right back. ,, ,,,,,,,,,,,,,,,,,,

jose. measure d brought in m well, a $2 raise is coming to minimum wage workers in san jose. measure d brought in more than 55% of the vote to needed to pass last night in san jose. cbs 5 reporter elissa harrington joins us live from that city now with more on the wage hike. reporter: good morning. well, now since it passed, tens of thousands of workers will get a 25% raise. they will now earn $10 an hour rather than $8 an hour, which is the state's minimum. some business owners will not be happy and have been trying to shoot down measure d since it was spearheaded by a group of san jose state students. they argue they will have to cut hours, cut staffing and that the extra $2 an hour for workers will end up costing san jose businesses millions. >> i'm hiring a new person at a lower rate that person will make $10 an hour so the person who used to make $10 an hour has to go up to 12 and 12 to

14. it's a domino effect. >> reporter: supporters however point to how expensive it is to live down here and that they need that raise to support themselves. san jose joins a handful of other cities including san francisco, who now have their own minimum wage. workers will get their increases early next year. in san jose, elissa harrington, cbs 5. >> thank you. all right. it's 5:16 right now. why don't we get a check on the roads. see what's going on out there. >> she looks busy. >> fog is blanketing our traffic cameras. we are trying to decide if they were or were not working or whether we couldn't see cars because of the thick fog. hoarse a live look at the bay bridge toll plaza. -- here's a live look at the bay bridge toll plaza. you can see cars making their way towards the pay gates. no metering lights and no delays. up the incline section of the bay bridge, we have a traffic camera right there.

so far, so good toward the "s" curve and treasure island. here's some of the fog. chp just issued a travel advisory a few hours ago for the golden gate bridge and all the approaches. roadwork in lanes. southbound 101 ongoing paving work so they are blocking a couple of the southbound 101 lanes on sir francis drake down towards sausalito so between the roadwork and the fog, be extra careful for the marin county drive. there's headlights going towards doyle drive. this is the traffic camera. this is 880/237. drive time okay out of milpitas towards san jose. a quick note, all lanes of eastbound 4 remain closed at loveridge until about 5:30. you can use detours. they are still in place. that is a check of your time- saver check. here's lawrence with the foggy forecast. >> big changes in the weather around the bay area today. the heat wave is over now. the sea breeeze has kicked in carrying that fog some of that

showing up very dense especially approaching the coastline, drizzle out there as well, a little mist. thick fog in the valleys so watch out for that. this afternoon sunshine in spots but it will be much, much cooler outside. highs today in the 60s near the coastline with clouds lingering there. and maybe some low 70s in the warmest spots inland. so big changes today as that ridge of high pressure has been giving way now to that trough coming off the gulf of alaska. so that's ushered in the sea breeze to much cooler temperatures and could lead to rain toward tomorrow. so big changes today. those temperatures going to drop about 5 to 15 degrees. but by tomorrow even colder and a chance of some showers in the bay area. all right. here's the very latest. you can see on the computer model we have some low clouds and fog starting out this morning. through the day it will linger toward the coastline. toward tomorrow, the showers begin to move in. unsettled weather, much cooler weather will continue not only tomorrow but it looks like into friday too. a chance of more showers rolling in toward the bay area. so with that in mind, we are going to keep things back to

where we should be for this time of year. some 70s and 80s in the central valley. 60s and 70s into the high country. i think as you look around the bay today you will notice those much cooler temperatures, that sea breeze blowing only about 69 in santa clara. 70 in san jose. east bay numbers 60s and a few 70s sprinkled in there and inside the bay you will feel that cool breeze heading through the golden gate. 63 in sausalito. 66 in oakland. toward the next couple of days, the temperatures continuing to drop. chance of scattered showers. and then it looks like a return to dry weather slightly warmer throughout the weekend. that's a look at weather. back to you. >> thank you. 5:19. for more on the big changes on capitol hill we are joined again by cbs 5 political analyst joe tuman. >> some changes although the balance of power is pretty much the same, right? >> a few different numbers but for the most part president obama will inherit the congress like the one he just dealt with. >> let's start with dianne feinstein. of course, elected to another six terms at the age of 79 by

the way. >> 39 i think is the jack benny birthday they like to say instead, but yes, 79 but for the united states senate that's not that old. it may make her one of the younger members. >> strom thurmond, how long did he go? >> way past 79. senator feinstein never had serious opposition in the race. and california was never a mystery in terms of the way it would go on most of the election issues. the propositions were the bigger mystery in this race but dianne feinstein's election was a re-election assured from the first day. >> a big move for the ladies because what, 19 female senators now. elizabeth warren knocking off scott brown in massachusetts. >> yeah. >> of course we have two here in the state. >> big day for democrats in massachusetts. we have two in our state, as well. so more representation for women and by the way, women played a role in different ways last night because there were two senators who didn't make it obviously or two candidates who didn't make it to the united states senate who said rather inappropriate things during the

election about rape and abortion in ways that i think transcend the civil kind of discourse we have about principled disagreement about when life begins or something like that. these points about rape, for example, i think were deeply offensive. the fact that, for example, mr. akin even stayed in this race after making a statement like that i think was bad judgment on his part that his own party didn't force him out is going to force them to rethink their brand going forward. cannot alienate women and expect to win a national election. more women voters in this country. >> okay. joe tuman, we'll have you all morning long. thank you so much for your insight. >> okay. >> at these ungodly hours. [ laughter ] >> i know you were up late last night. >> he sure was. 5:21. coming up, it was one of the most hotly contested debates. >> yeah. we are going to go to richmond where voters were willing to tax sugary drinks. how that ended up coming up. so stay right there. ,, ,,

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for them taking responsibility for the products they make; for them being in the right place at the right time

for over 100 years making tillamook cheese from tillamook, oregon; for these farmers never wavering from their commitment to excellence. we stand for that. the day." the oklahoma city home crowd we vote for kevin durant for our play of the day the day after the election. the oklahoma city star thrilling the hometown crowd with a monster slam. he is a player. thunder led toronto most of the game went on to beat the raptors 108-88. your play of the day. >> a good one, too. voters in richmond were soundingly rejecting measure. in an initiative aimed at

taxing businesses that sell sugar sweetened drinks. measure n with obviously the first such tax in the country. as mike sugerman tells us, measure n supporters faced a major funding gap. >> does this kill? some people in richmond thought so. sugary soft drinks they say causes diabetes, heart disease, obesity. it's more deadly they say this soda gun than a handgun. the voters in richmond said we don't want that tax, that 1- cent per ounce tax. they voted it down almost 2-1. one of the reasons could be of all the money spent against it for every penny proponents spent opponents spent 40 cents. they spent almost $3 million. >> in richmond, mike sugerman, cbs 5. >> no one can break it down like sugerman. >> right to the brass tacks. more election results coming up. including a live report on president obama's victory. his promise to divide it to -- to a divided nation. and how he has already been

reaching out to his opponents all coming your way. >> it appears that california voters have rejected a measure that would have ended the death penalty here in our state. but we'll tell you why some say the battle isn't quite over just yet. ,,,, [ boy 1 ] hey! that's the last crescent.

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xo÷oxóñóxóxóñóxóp???h?÷ñ÷ñ÷ñ [monotone] she says, "switch to progressive and you could save hundreds." call or click today. hearts, for the united statf america, the best is yet toe (cheers) president obama accepts his second term.. with a promiso while our journey has been long, we have picked ourselves up. we have fought our way back. and we know in our hearts that for the united states of america the best is yet to come. [ applause and cheers ] >> president obama accepted his second term with a promise to america. good morning, it's wednesday, november 7. i'm michelle griego. >> hi, everybody. i'm frank mallicoat. nearly 5:30 now. the president had a surplus. he had 33 more electoral votes

than he needed to stay in office and that's without florida which is still too close to call. bigad shaban joins us live from chicago where the president heard mitt romney and then went on stage to declare victory. >> reporter: good morning. it was half past midnight when the president took the stage here in his hometown of chicago. he was greeted by a crowd of cheering supporters. and one of the first few things he mentioned during his half hour or so speech is that he wanted to congratulate governor romney and paul ryan for a hard- fought race. he told the audience, while we battle fiercely, it's because we love this country deeply reporter: the president's family joined him on stage to celebrate four more years in the white house [ applause and cheers ] >> you voted for action, not politics as usual. [ applause and cheers ] >> you elected us to focus on your jobs, not ours. >> reporter: the president won

almost all of the battleground states giving him a decisive electoral college victory. >> whether i earned your vote or not, i have listened to you. i have learned from you. and you've made me a better president. >> reporter: governor romney congratulated the president. the republican challenger says he gave everything he had to this campaign. >> i so wish that i had been able to fulfill your hopes to lead the country in a different direction. but the nation chose another leader so ann and i join with you to earnestly pray for him and for this great nation. >> reporter: with the votes counted the two candidates who clashed on so many issues found common ground. >> at a time like this, we can't risk partisan bickering and political posturing. our leaders have to reach across the aisle to do the people's work. >> i am looking forward to reaching out and working with leaders of both parties to meet the challenges we can only solve together. >> reporter: and the president said earns the he believes the

country can come together. >> despite all the hardship we have been through, despite all the frustrations of washington, i have never been more hopeful about our future. >> reporter: president obama returns to the white house this afternoon. and moving forward, the president says he will work across party lines, frank and michelle, to address issues including the economy, tax reform and immigration policies. >> tell us, how close of a race was the obama campaign expecting? did they think it would be that tight especially in the popular vote? pause when you think about it, nearly half of america wanted him out of office. >> reporter: we have been hearing from advisors these last few days top advisors from the obama campaign and they say, listen, for the last year and a half we knew this was going to be an extremely tight race but just as the romney campaign, they too were extremely confident that they have done all they could to secure a win. obviously in the end, only one candidate can be right about that and it was the obama

administration. but if you just take a look at what the last few days meant for president obama he was obviously campaigning heavily in some of those battleground states which obviously proved to serve him well in securing the electoral vote. the magic number is 270. the president at this point secured at least 303 electoral votes. so obviously far more than he needed but as you mentioned that popular vote is extremely close with florida still too close to call. the popular vote may be just one or two percentage points off. >> it was his last campaign and he won. bigad shaban, thank you. we are talking about this popular vote. president obama has slightly over 50%, almost 2.5 million more votes than romney. but, of course, it's the electoral vote that counts and that's where the president has a solid 303-206 edge. of course 270 electoral votes were needed to win. obama... the red states are romney's. o rida is here's a map of all the states.

electoral votes in the blue states went to president obama, the red states are romney's. and once again, florida in the yellow there is the odd state out with the vote still too close to call. joining us now for some insight, cbs 5 political analyst joe tuman. >> all right, joe. >> that florida is kind of like the rest of the country split down the middle and it's just the way it went in 2000 as well. >> and it's so close. it's just too close to call. your impressions? surprised or did this pretty much go as thought? >> i think this went pretty much the way i thought it would go in terms of the electoral map. i thought we could call this early all along. in terms of the popular vote, it is as confusing as it seemed. we are as divided as we seemed. as you said in your question, i think the country is divided, very clearly. very much divided. >> know both the president and mitt romney said in their speeches now is the time to reach across the aisles and get the other guys involved. will it happen? >> yes and no. if you ever watch a football game people are pounding each other during the game and the

moment the game is over they take off their helmets and are high fiving and hugging each other and it's time to stop being warriors and be friends again. for the president, the game continues and begins anew in january and so while there will be some reconciliation i think going on with the other side in the understanding we can go back to being civil, it is really the president's burden and also the congress' burden to carry that civility back into the political discourse. given the divisions that we have partisan divisions in the congress especially in the house of representatives, and also now with the democrats making solid gains in the senate i don't see any evidence of compromise and cooperation. what we are a missing today that we used to have are elder statesmen like ted kennedy who privately would have lots of friends who were republican to broker private deals. maybe some of this new class in the senate will show people like that. >> they need it. >> we'll see. >> joe tuman, thank you.

we will chat with you more a little later in the show. it's 5:36 right now. let's get a check on the weather. i think lots of changes are coming right? >> could you see that when you came into work today? we had the sea breeze blowing and that carried with it the low clouds and fog. it's very thick approaching the coastline and we are seeing some mist, as well. the temperatures out around the bay area now running generally into the 50s outside. 57 in san jose. 54 in san francisco. we have some dense fog being reported in the santa rosa area. by the afternoon, this ridge is moved far enough east that we'll see more of that sea breeze carrying with it the cooler air off the ocean. that means temperatures stay way down much cooler than what we had yesterday. we had numbers in the 70s and 80s. today 5 to about 15 degrees cooler all around the bay area even colder tomorrow and there's a chance of rain too. we'll talk more with that in a moment. right now let's check the roads with elizabeth. >> live look at the bridges across the bay area. the san mateo bridge is free and clear. we can't see fog in the traffic cameras. that's good news. you can see the right side of your screen is the commute

direction westbound 92, 14 minutes is the drive time between hayward and foster city. on the maps we have some areas of overnight roadwork but the good news is eastbound lanes of highway 4 have reopened approaching loveridge. brake lights in the westbound lanes leaving antioch heading towards of the pittsburg-bay point area. fog is going to be an issue to start off your morning drive. golden gate bridge traffic southbound 101 free and clear as far as your drive time goes. unfortunately, there's a lot of fog as you approach the pay gates. similar story through milpitas. that is a live look at 880/237. that's traffic. back to you guys. >> thank you. one of the biggest issues for the entire state of california governor brown's controversial tax plan that was his baby. prop 30 and it appears to have passed. >> cbs 5 reporter anne makovec is here to show us what the measures mean for your taxes. >> reporter: our taxes are going up. that's the bad news. but the money is going to go to school.

it was called very early this morning that prop 30 did pass. in the end, 54% of californians voted to raise their own taxes. but almost 4.5 million voters said yes to prop 30. the nos 46% of the vote, less than 4 million people voted no on prop. at this point we're calling it. it has passed. people who earn more than $250,000 a year will pay higher taxes for seven years and that tax increase will be retroactive to the beginning of this year. now, all of us will be paying more sales tax a quarter cent for four years. that boils down to paying about a penny more for every $4 you spend. that's over the next four years. now, funding for schools was the deciding factor for a lot of voters here. governor brown had threatened to cut $6 billion from schools and colleges if prop 30 didn't pass. in fact, this year's budget assumes that prop 30 would pass. the additional money that's about to come in will help balance the state budget through 2019.

>> well, here we have. we have the vote of the people. a state has to exist, let's raise our taxes for our kids, for our schools, for our california dream. [ applause and cheers ] >> reporter: opponents of prop 30 spent as much as $53 million to defeat the initiative saying sacramento lawmakers should not get more of our money because they have proven wasteful in the past. unions and democratic advocates spent nearly $70 million on the yes on 30 campaign. there was a partisan feel of the measure. voters in san francisco approved it by 3- 1. but it was defeated in more conservative areas like the central valley. frank and michelle? >> thank you. voters rejected another ballot measure that would raise taxes for california schools. the biggest backer of prop 38 was civil rights attorney molly munger. supporters say she made public schools a priority for sacramento. she conceded last night.

california voters appeared to be rejecting an initiative that would have abolished the state's death penalty here. at last check, prop 34 trailed by about 6%. the ballot measure would have wiped out the largest death row in the country. but despite prop 34's apparent defeat, some death penalty opponents see the initiative as the beginning of a larger movement. cbs 5 reporter cate caugiran outside san quentin state prison with more on the growing conversation now about capital punishment. good morning, cate. 3- 1. >> reporter: michelle, you know, although the argument that the death penalty was too expensive for -- too expensive, it wasn't enough to convince voters that prop 34 -- it wasn't enough to convince voters. but prop 34 now is back on the list of hot political topics. it was overlooked until october when the "yes" campaign launched ads saying it cost more to sentence an inmate to death than give them life

without parole. but those who oppose the bill say closing the death row at san quentin state prison would not save money and neither side right now is admitting defeat but some say at least the issue of the death penalty is now back on the table. >> but i also think it's important to know that we have had a robust discussion about the death penalty in this state and that even --that our polling has shown that more and more people favor replacing the death penalty as they understand the issue. >> reporter: the no on prop 34 was largely backed by law enforcement and three former governors. big supporters for it included current governor brown, hollywood and as well as silicon valley donors. we want to make note, this is the first time there was a statewide vote on the death penalty since 1978. live in san quentin, cate caugiran, cbs 5. san jose voters sign off on a wage hike last night plus a hot button vote on genetically modified foods when we come back. ,,,,,,,,,,,,,,,,,,

measure d will increase the city's minimum wage by two welcome back. 5:44. low income workers in san jose you are getting a raise. >> measure d will increase the city's minimum wage $2 to $10. it got more than 55% of the votes needed to pass last night. cbs 5 reporter elissa

harrington joins us live with what this means for san jose. >> reporter: good morning. this was a battle. supporters of measure d have been arguing that the $2 raise is both fair and necessary for those low wage workers to support themselves and to live here because it is so expensive to represent the in san jose. many store owners are concerned that with the passage employers will have to eliminate jobs, cut hours and that the extra $2 an hour for workers will cost san jose businesses millions and might prevent others from wanting to open here. voters came out yesterday and 59% approved the wage increase. it needed 55% to pass. minimum wage goes from $8 the state hourly minimum to $10 an hour. >> 50,000 people in san jose, the tenth larger city in the country, are going to get a raise. [ applause and cheers ]

>> another 20,000 people are goings to see their pay increase because the people they're manage having making more money. >> reporter: san jose joins a handful of other cities including san francisco with their own minimum wage. workers can expect to get that raise early next year. in san jose, elissa harrington, cbs 5. how about some weather? >> how about it. i guess some big changes are coming. i was enjoying the last couple of days, lawrence. >> the last couple of days we were headed to the beach enjoying that. that's long gone now. the sea breeze kicked in. these temperatures really dropping off around the bay area. looks like if you're heading out the door watch out for dense fog seeing some of that in the north bay valleys and approaching the coastline. we have dense fog and mist. temperatures generally into the 50s. i think as we head toward the afternoon, yeah, no 80s to be found. temperatures running about 5 to 15 degrees below what we had yesterday. so much cooler even lingering

clouds out toward the coast. high pressure now sliding eastward. the trough is moving out of the gulf of alaska helping to cool down the temperatures and crank up the sea breeze. and by tomorrow, there's a chance we could see some showers developing as the system moves closer. not a big storm but definitely some much bigger changes headed our way. looks like low clouds and fog going to continue toward the coastline throughout the day and then as we head toward tomorrow, storm clouds roll in, chance of showers toward the latter part of the day tomorrow, as well. and then it keeps things unsettled toward friday. so some cool unsettled weather maybe a couple of snowflakes across the mountaintops, as well. sfo not bad morning clouds early on then by the afternoon a little sunshine. across the country 81 degrees and sunny in houston. 73 denver. partly cloudy into chicago 50. and some of rain and wind in new york with that nor'easter. and 43 degrees. bay area 60s and 70s, cooler, grab your jackets. those temperatures staying way down. grab the raincoat for thursday

and friday. a little bit unsettled a return to dry weather over the weekend. elizabeth? >> thanks. i don't want to jinx anything but it's been exceptionally quiet for accidents on bay area roads. we'll show you what it looks like. here's a live look at 280. a camera this morning at the mariposa exit. coming into san francisco towards at&t park everything is quiet on 280, 101 is not bad, either. 580/680 through the dublin interchange, these headlights that's westbound 580 traffic through pleasanton. so far, 15 minutes out of the altamont pass out toward 680. busy in the cash lanes towards the bay bridge. not big delays obviously because the metering lights have not been turned on yet. so it looks good from the incline towards treasure island. to our maps we'll show you a few more areas of live traffic. here's a live look at 101. this is along the peninsula. so if you are traveling 101

southbound heading out of san francisco towards sfo, still a really nice drive and it continues that way all the way down towards san mateo. the roadwork on the eastbound lanes of highway 4 has been picked up but obviously this is one of our slower spots. antioch those westbound lanes speeds below 25 miles per hour. back to you guys. >> thank you. california voters rejected a plan to require special food labels for genetically engineered products. that's prop 37. it lost with 53% voting against cbs 5 reporter elizabeth cook explains why the initiative suddenly lost momentum. reporter: i'm elizabeth cook in whole foods in san mateo on it. prop 37. now, a month ago yes on 37 was leading in the polls among likely voters by 60%. today they admit they were outspent by their opponents. the no on 37 campaign spent close to $37 million more than their opponents, mentioned that money was spent on ads on television that had been flooding the airwaves leading up

to the election. some of the big name companies including monsanto, dow and pepsi-cola contributing to the no on 37 campaign. the yes on 37 campaign say they are not giving up. they are going to target the fda, food manufacturers and other states. in san mateo, elizabeth cook, cbs 5. locally, richmond residents resoundingly rejected measure. n, an initiative to levy taxes on businesses that sell sugar- sweetened drinks. the soda tax was opposed by two- thirds of voters. the measure would have been the first tax in the nation to specifically target more than 700 brands and products containing added sugar. it. for more on the merging of food and politics we're joined again by cbs 5 political analyst joe tuman. >> both of these get a big thumbs down. let's start with measure n. overwhelmingly turned down. >> yeah. i think that the one thing that both of these measures are going to share in common in terms of voter reaction is that big moneyed interests played a role in the outcome of the election. in both instances, companies that were going to have -- have to pay more because of this spent a lot of money, a lot of

outside money to defeat them and that had an influence on voters no question. but they had some differences. measure n in particular a product of the fact of the outcome that people who were voting against it also like to enjoy a conspicuously large amount of sugary drinks that aren't healthy for them didn't want to give them up. >> what about prop 37? opponents say the wording was difficult to understand. is that the case? >> well, that was the claim that the reality was that they found loopholes and problems with it but i think the truth is that this was always from the other side from the pro side just about giving consumers more information. it was really at that level but they lost that debate. again big moneyed interests defined the narrative and tried to make it sound and convinced voters it was just going to raise the cost of food and make it more difficult for lots of products to be available for them. and in the end, more information lost to more cost. >> there we go. joe tuman, always a pleasure. thanks so much.

see you later in the show. an east bay fire leaves a family of five homeless. >> plus, several states vote on same-sex marriage. we'll give you the results after the break. so stay right there. through ,,,,,,,,,,

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a house in newark. the flames were reported at the two-story home on merion dre just after two t a family of five is homeless this morning after a fire in newark at their home. it took crews an hour to get the fire under control this morning. no injuries, no word on the cause of the fire this morning. new york city is warning

people to leave low-lying areas as a nor'easter is expected to touch down later today. that means strong winds and heavy rains in areas that of course are still recovering from sandy from a week ago. airline flights have been canceled at all three of new york's major airports. the storm could slow down efforts to restore power too. there's more than one million people still without electricity in that area. tough. >> mm-hm. two states made a little history by legalizing recreational marijuana use last night. >> in washington and colorado, voters approved new laws that regulate production, possession and distribution of cannabis for people 21 and older. a similar measure in oregon was defeated by the way. meanwhile maine and maryland became the first two states to pass ballot initiatives approving same-sex marriage. the state of washington appears to be on track to legalizing gay marriages. however, voters in minnesota rejected a similar measure. 5:55.

our next half hour president obama secures another four-year term. >> how he won in one of the tightest elections in u.s. history and his promise for the next four years. >> it was down to the wire one of the closest battles in california. prop 30. it has passed overnight. we have reaction and what it means for local schools coming up next. ,, ,,,,,,,,,,,,,,,,,,,,

captions by: caption colorado comments@captioncolorado.com >> your realtime captioner: linda marie macdonald i return to the white house more determined and more inspired than ever about the work there is to do and the future of the lives ahead. >> a second term for president obama after a long bitter campaign. he promises america, the best is yet to come. a change in the winds bringing a big change in our weather. low clouds and fog, much cooler temperatures coming our wa